Former Ooltewah H.S. coach's lawyer to request TN Attorney General to review case

by Katherine Marchand

Andre Montgomery appears in court. (Image: WTVC)

CHATTANOOGA, Tenn. —

UPDATE: Here are Hamilton County District Attorney Neal Pinkston's responses to the motions filed by Montgomery's attorney.

ORIGINAL STORY:

A hearing for former Ooltewah High School Head Basketball Coach Andre Montgomery ends with the judge telling the coach's attorney to get Tennessee's Attorney General to take a look at the particulars of his case.

Montgomery appeared in Judge Don Poole's courtroom Wednesday morning. Back in May, a grand jury indicted him on four counts of failure to report child abuse.

This comes one day after a judge in Sevier County found three players guilty of the rape and abuse of three players back in December at a cabin where they were staying while playing in a tournament.

Montgomery's attorney Curtis Bowe is asking the judge to dismiss the case.

Montgomery's attorney argued that the statute he's accused of violating is "vague and ambiguous" because it doesn't define child sexual abuse.

Bowe also raised the issue of jurisdiction, since the assault took place in Gatlinburg but the team lives in Hamilton County.

The attorney said that this creates a conflict.

Hamilton County District Attorney Neal Pinkston countered saying if the defense has a problem with the wording of the statute, they have to contact the state Attorney General's Office, which they haven't done.

He says it's up to the AG to defend the statute's constitutionality.

"Until that's been done and that's been complied with there's not much more we can go forward with at this particular point," Pinkston told Judge Poole.

Judge Poole agreed and said he'd give the defense time to notify the AG.

"I would hate to make the ruling simply on the fact that notice wasn't given rather than looking into the arguments you make, which are substantial," said Poole.